Patiram vs The State Of Madhya Pradesh
2023 Latest Caselaw 5426 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 9462 of 2022
                                               (PATIRAM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-04-2023
                                Shri Samar Singh Rajput - Advocate for the appellant.

                                Ms. Nalini Gurung - Panel Lawyer for the respondent /State.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final

hearing.

Heard on I.A.No.19635/2022, which is an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

Appellant has been convicted for commission of offence under Sections 307 and 323 of IPC and has been sentenced to undergo R.I. for 7 years and fine of Rs. 5,000/- with default stipulation and R.I. for six months, vide judgment dated 27.9.2022 delivered in S.T. No.11/2020 (State of M.P. vs. Patiram) by the learned Session Judge, Harda (M.P.).

Learned counsel for the appellant has submitted that learned trial Court has erroneously convicted the appellant. No offence under Section 307 of IPC is made out. Learned counsel for the appellant by referring the evidence of Dr. Harsh Patel (P.W.7) has submitted that at the most offence under Section 326 of IPC is made out. It is further submitted that evidence of injured Gokuldas (P.W.1) and his wife Punabai (P.W.2) is not worth reliance as they have exaggerated the incident. Appellant has fair chance to succeed in appeal. Appellant has already suffered jail sentence of one year and 22 days and Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/1/2023 6:05:06 PM

thereafter, he is in jail since 27.9.2022. As such he has suffered more than 18 months in jail. There is no possibility of hearing of this appeal in near future. Therefore, it has been prayed that the appellant be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the evidence of Gokulprasad (P.W.1), Punabai (P.W.2), medical evidence by Dr. Harsh Patel (P.W.7), I am of the view that it is a case in which appellant may be released on bail by suspending his jail sentence.

Consequently, I.A.No.19635/2022 is allowed. The execution of jail sentence of appellant - Patiram is hereby suspended subject to depositing the

fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 20.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 4/1/2023 6:05:06 PM